Thus, if the nonmoving party can not produce sufficient evidence to support the jury verdict, summary judgment is proper. Id, at 249. "In determining how a reasonable jury would decide, the Court must resolve all ambiguities and draw all inferences against the moving party." Lang, 949 F.2d at 580. However, when the moving party has met the burden, the nonmoving party must do more than "simply show that there is some metaphysical doubt as to the material facts." Matsushita Electric Industrial Company v. Zenith Radio Corp., 475 U.S. 574, 585-86, 89 L. Ed. 2d 538, 106 S. Ct. 1348 (1986); see also Liberty Lobby, 477 U.S. at 247-48. At that point, the nonmoving party must come forward with specific facts showing that there is a genuine issue for trial. Id. "The judge's function is not to weigh the evidence and determine the truth of the matter," Liberty Lobby, at 248, "such is the prerogative of the finder of fact." Murphy v. Provident Mutual Life Insurance Company, 923 F.2d 923, 930 (2d Cir. 1990)(Kearse, J., dissenting), cert. denied, U.S. , 116 L. Ed. 2d 40, 112 S. Ct. 65 (1991). The judge's role is "to determine whether there does indeed exist a genuine issue for trial." Liberty Lobby, at 249.

DISCUSSION

The Workshop and the plaintiffs allege that the accident was a result of the failure of the two newly replaced couplings, which in turn allowed all the hydraulic oil to spill out, and hence all the elevator's hydraulic pressure was lost. In addition, it is alleged that the end load of the fittings used in the feeder line were 1,000 pounds less than the original equipment parts, and the maximum working pressure of the replacement parts was 100 pounds per square inch less than the original. Moreover, the Workshop claims that none of its employees ever attempted to repair or maintain the elevator, but instead relied on Dover for the repair and maintenance of the elevator.

The Workshop and the plaintiffs claim that their theory of the accident is derived from Dover Elevator's accident report; the deposition of Mr. Dumond, the Dover employee who installed the fittings and gaskets; the report of James Statts, manager of the Workshop who witnessed oil pumping out of an opening in the hydraulic line soon after the accident; the affidavit of Dr. Jeffrey Ketchman, an engineering scientist; and the affidavit of John Allen, III, a professional consultant.

Dover also argues that the Workshop violated N.Y.S. Industrial Board Regulations regarding elevators, and that these violations are "some evidence of negligence." Conte v. Large Scale Development Corp., 10 N.Y.2d 20, 176 N.E.2d 53, 217 N.Y.S.2d 25 (1961). That is, Dover claims that if the elevator was a "freight" elevator, passengers were not allowed on it except under certain conditions as approved by the Board. If, however, the elevator was for passengers, then the forklift should not have been on the elevator. The Workshop argues that no violation of any state or federal regulation has been shown by Dover, and that even if a violation was proved, it would not relieve Dover from its own negligence in selecting an inadequate replacement part or improperly installing the part. In addition, the Workshop states that it has never been cited by the State of New York Department of Labor or U.S. Occupational Safety and Health Administration for being out of compliance with elevator regulations. Such determinations, however, are not for the court to resolve on a motion for summary judgment.

Finally, plaintiffs argue that in the elevator's thirty-three year history, there was never an accident because the pump unit had moved. In addition, although Dover states that after the accident it had to secure the pump unit to the floor, Robert Lee, an employee of Dover, testified that it was not normal practice to anchor the pump unit to the floor. Also, plaintiffs argue that even if the pump unit should have been anchored to the floor, Dover had many years, upon inspection, to discover that the pump unit was not anchored. Mr. Lee testified that during annual inspections, Dover personnel look at the pump unit itself and actually go in the pump unit area. Again, however, such a resolution is not proper on a summary judgment motion.

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.